THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY F. KELLER, BLOOM, BOYD, CUTLER, DeLUCA, GROVE, HARRIS, HORNAMAN, KAUFFMAN, MARSICO, MASSER, MUNDY, TALLMAN, VULAKOVICH, MOUL, NEILSON, SWANGER, METCALFE AND PERRY, JUNE 13, 2012

AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF REPRESENTATIVES, AS AMENDED, SEPTEMBER 25, 2012   

AN ACT

Amending the act of July 8, 1978 (P.L.752, No.140), entitled "An

act providing for the forfeiture of the pensions of certain

public employees and authorizing the State or political

subdivision to garnish the pension benefits of certain public

officers and employees upon conviction of certain criminal

activity related to their office or position of employment,"

further providing for definitions, for disqualification and

forfeiture of benefits and for restitution for monetary loss; 

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and repealing retroactivity provision.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 2 of the act of July 8, 1978 (P.L.752,

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No.140), known as the Public Employee Pension Forfeiture Act, is

amended by adding a definition to read:

Section 2.  Definitions.

The following words and phrases when used in this act shall

have, unless the context clearly indicates otherwise, the

meanings given to them in this section:

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"Felony offense."  Any crime classified as a felony under the

laws of Pennsylvania or a Federal offense punishable by a term

of imprisonment greater than one year.

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Section 1.  The definition of "crimes related to public

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office or public employment" in section 2 of the act of July 8,

1978 (P.L.752, No.140), known as the Public Employee Pension

Forfeiture Act, amended July 15, 2004 (P.L.733, No.86), is

amended and the section is amended by adding definitions to

read:

Section 2.  Definitions.

The following words and phrases when used in this act shall

have, unless the context clearly indicates otherwise, the

meanings given to them in this section:

"Crime of violence."  Any of the criminal offenses set forth

in 18 Pa.C.S. Ch. 25 (relating to criminal homicide), aggravated

assault as defined in 18 Pa.C.S. § 2702 (relating to aggravated

assault), rape as defined in 18 Pa.C.S. § 3121 (relating to

rape), involuntary deviate sexual intercourse as defined in 18

Pa.C.S. § 3123 (relating to involuntary deviate sexual

intercourse), aggravated indecent assault as defined in 18

Pa.C.S. § 3125 (relating to aggravated indecent assault), incest

as defined in 18 Pa.C.S. § 4302 (relating to incest), sexual

assault as defined in 18 Pa.C.S. § 3124.1 (relating to sexual

assault), sexual abuse of children as defined in 18 Pa.C.S. §

6312 (relating to sexual abuse of children), arson as defined in

18 Pa.C.S. § 3301(a) (relating to arson and related offenses),

kidnapping as defined in 18 Pa.C.S. § 2901 (relating to

kidnapping), burglary as defined in 18 Pa.C.S. § 3502(a)(1)

(relating to burglary), robbery as defined in 18 Pa.C.S. § 3701 

(relating to robbery), robbery of a motor vehicle as defined in

18 Pa.C.S. § 3702 (relating to robbery of motor vehicle),

terrorism as defined in 18 Pa.C.S. § 2717 (relating to

terrorism), or criminal attempt, criminal conspiracy or criminal

solicitation to commit any of the offenses listed in this

definition, or an equivalent crime under the laws of this

Commonwealth in effect at the time of the commission of that

offense, or an equivalent crime in any other jurisdiction. In

addition to the crimes specified in this definition, the term

also includes all criminal offenses as set forth in Federal law

which are substantially the same as the crimes enumerated in

this definition.

["Crimes] "Crime related to public office or public

employment."  Any of the criminal offenses as set forth in the

following provisions of Title 18 (Crimes and Offenses) of the

Pennsylvania Consolidated Statutes or other enumerated statute,

or criminal attempt, criminal conspiracy or criminal

solicitation to commit any of the offenses listed in this

definition, when committed by a public official or public

employee through his public office or position or when his

public employment places him in a position to commit the crime:

Any of the criminal offenses set forth in Subchapter B of

Chapter 31 (relating to definition of offenses) [when the

criminal offense is committed by a school employee as defined in

24 Pa.C.S. § 8102 (relating to definitions) against a student].

Section 3921 (relating to theft by unlawful taking or

disposition) when the criminal culpability reaches the level of

a misdemeanor of the first degree or higher.

Section 3922 (relating to theft by deception) when the

criminal culpability reaches the level of a misdemeanor of the

first degree or higher.

Section 3923 (relating to theft by extortion) when the

criminal culpability reaches the level of a misdemeanor of the

first degree or higher.

Section 3926 (relating to theft of services) when the

criminal culpability reaches the level of a misdemeanor of the

first degree or higher.

Section 3927 (relating to theft by failure to make required

disposition of funds received) when the criminal culpability

reaches the level of a misdemeanor of the first degree or

higher.

Section 4101 (relating to forgery).

Section 4104 (relating to tampering with records or

identification).

Section 4113 (relating to misapplication of entrusted

property and property of government or financial institutions)

when the criminal culpability reaches the level of misdemeanor

of the second degree.

Section 4701 (relating to bribery in official and political

matters).

Section 4702 (relating to threats and other improper

influence in official and political matters).

Section 4902 (relating to perjury).

Section 4903(a) (relating to false swearing).

Section 4904 (relating to unsworn falsification to

authorities).

Section 4906 (relating to false reports to law enforcement

authorities).

Section 4909 (relating to witness or informant taking bribe).

Section 4910 (relating to tampering with or fabricating

physical evidence).

Section 4911 (relating to tampering with public records or

information).

Section 4952 (relating to intimidation of witnesses or

victims).

Section 4953 (relating to retaliation against witness, victim

or party).

Section 5101 (relating to obstructing administration of law

or other governmental function).

Section 5301 (relating to official oppression).

Section 5302 (relating to speculating or wagering on official

action or information).

65 Pa.C.S. § 1103 (relating to restricted activities).

Article III of the act of March 4, 1971 (P.L.6, No.2), known

as the "Tax Reform Code of 1971."

In addition to the foregoing specific crimes, the term also

includes all criminal offenses as set forth in Federal law

substantially the same as the crimes enumerated herein.

"Felony offense."  Any crime classified as a felony under the

laws of this Commonwealth or any other jurisdiction or a Federal

offense punishable by a term of imprisonment greater than one

year.

* * *

Section 2.  Sections 3(a) and 4(a) of the act are amended to

read:

Section 3.  Disqualification and forfeiture of benefits.

(a)  Notwithstanding any other provision of law, no public

official or public employee nor any beneficiary designated by

such public official or public employee shall be entitled to

receive any retirement or other benefit or payment of any kind

except a return of the contribution paid into any pension fund

without interest, if such public official or public employee is

convicted or pleads guilty or no defense to any felony offense

or, any crime related to public office or public employment or

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any crime of violence.

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Section 4.  Restitution for monetary loss.

(a)  Whenever any public official or employee who is a member

of any pension system funded by public moneys is convicted or

pleads guilty or pleads no defense in any court of record to any

felony offense or, any crime related to a public office or

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public employment or any crime of violence, the court shall

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order the defendant to make complete and full restitution to the

Commonwealth or political subdivision of any monetary loss

incurred as a result of the criminal offense.

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Section 3.  Section 7 of the act is repealed:

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[Section 7.  Retroactively.

The provisions of this act shall be retroactive to December

1, 1972.]

Section 3 4.  This act shall take effect in 60 days 

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immediately.

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